The OSHA Instruction
revises OSHA’s Enhanced Enforcement Program (EEP) to focus on
agriculture, construction, maritime, and general industry employers
who are subject to enforcement actions that result in enhanced
enforcement cases that include follow-up inspections, inspections
of other sites, increased company/corporate awareness of OSHA
enforcement, enhanced settlement provisions, and federal court
enforcement under Section 11(b) of the OSH Act.

While MOSH is not
adopting an Enhanced Enforcement Program, MOSH will respond to
federal referrals of EEP worksites. When OSHA identifies an employer
for national attention through the issuance of an EEP-Alert Memorandum,
the procedures outlined in this instruction will be followed for
inspecting worksites within MOSH jurisdiction and recording our
activity.

Actions:

When an EEP-Alert
memorandum is received from OSHA, the Assistant Commissioner
will determine if the employer who is the subject of the EEP-Alert
has workplaces/worksites in any region of the state.

When it is established
that the EEP-Alert employer has a workplace/worksite in a region
or regions of the state, the regional supervisor will assign
the EEP- Employer’s job site for inspected in accordance with
Chapter IX of the FOM for referrals.

Any inspection
conducted under an EEP-Alert memorandum is to be coded as an
unprogrammed-referral. The EEP-Alert memorandum is to be considered
a referral from OSHA. An OSHA-90 is to be generated whenever
a site is discovered where an EEP-Alert employer is working.

Any inspection
conducted under an EEP-Alert memorandum is to be coded in Item
42, Optional Information, of the OSHA-1 form as: N 08 EEP2

Any inspection
of an EEP-Alert employer that meets one or more of the following
criteria will result in a follow-up inspection; and all related
establishments on the current year’s SST primary or secondary
lists or high hazard list will be moved to the current inspection
cycle if the establishment is in the same 3-digit NAICS code
(2-digit SIC code) as the initial enforcement establishment.

A fatality inspection
in which MOSH finds one or more willful or repeated (serious
any gravity) violations related to the death, OR

A fatality inspection
in which MOSH finds one or more serious (any gravity) violations
related to the death, and the employer has either a history
of violations similar in kind to the violation that led to
the current fatality consisting of at least one serious,
or willful, or repeat violation within the last three years,
or the occurrence of another fatality within the last three
years regardless of whether any citation was issued.

An inspection
that results in the citation of three or more serious (any
gravity) violations that are also classified as willful or
repeat (or any combination of such willful and repeat violations
totaling three or more), and the employer has a
history of violations similar in kind to one or more of the
violations found in the current inspection consisting
of at least one serious (any gravity), or willful, or repeat
violation within the last three years.

An inspection
that results in one or more failure-to-abate notices where
the underlying violations were classified as serious (any
gravity).

If an inspection
of an EEP-Alert employer in the construction industry meets
one on more of the criteria in 5. above and the case is resolved
through a settlement, informal conference or formal settlement
through the Assistant Attorney General’s Office, the agreement
is to require the employer to notify MOSH of its current jobsites
and whenever it begins work at a new construction site during
the next 12 months.

OSH Compliance
Officer Supervisors shall ensure that training sessions are
conducted on the contents of this instruction.

The Assistant Commissioner
or authorized representative shall ensure compliance with the
attached guidelines for enforcement.